Attorney-Prepared Wills, Trusts, Special Needs Trusts

 Four Critical Legal Documents Every One Should Have

We offer the four essential legal documents every one needs for an adequate estate plan. Whether you are single, a single parent,  or a married couple, everyone should have a: will, living will and health care power of attorney, and a durable power of attorney. You really don't want to die without a will.   If any of these circumstances apply to your situation please give us a call:  
       
     You want to disinherit a a previous spouse or a child from your estate.          
     You own property in a foreign county.       
     You or your spouse are citizens of another country.       
     You have significant assets.
     Your assets are over $1,000,000
     You have a disabled, dependent adult child. (This may require the establishment of a "special needs" trust)       
     You anticipate your will or trust might be contested.         
     You own a business, which is your major source of income and is a substantial asset.        
     You have children from a prior and existing marriage. 
    
Special Needs Trusts
If you are providing care to a child or other family member with special needs you may have concerns regarding their care in the unfortunate event that something could happen to their primary caregivers. It is possible for the child or other family member to obtain benefits from insurance policies and residues from accounts or estates. However, any gift of this type could affect the individual's ability to obtain benefits under the Supplemental Security Income (SSI) and Medicaid programs.

A special needs trust can be established to preserve these benefits and allow a gift for the benefit of the individual. 
 
Examples of Permissible Trust Distribution

These are only examples and other things could be appropriate depending upon your imagination and the special needs and desires of the beneficiary. The key point to remember is that the trustee should make arrangements to purchase these items for the beneficiary through “vendor payments”, rather than giving cash directly to the beneficiary to make the purchases:

A. Furnishings and Household Items

1. Durable medical equipment: wheelchair, deluxe walker, geri-chair, alternate
pressure pump mattress to prevent bedsores, hydraulic lift.

2. Household furnishings: chairs, tables, television, stereo, kitchen supplies;
A computer and additional software for beneficiaries who can use a computer.
Items should qualify as entertainment, educational, vocational, or adaptations to make the home more accessible to the beneficiary.

3. Home remodeling, especially if done to accommodate a disabled person such as wheelchair ramps, grab bars in the bathroom, widened doorways.

4. Blankets, bedspreads, nicknacks, hobby items, framed photos or pictures, plants, games, art supplies.

5. Special shoes, arch supports, elastic hose, incontinence supplies, eyeglasses, hearing aids and batteries.

B. Services

1. Home care or other companion services to provide care or companionship and visitation or transportation.

2. Massage therapists, psychologists, psychiatrists, counselors, therapists, dental care.

3. Prepayment of cable TV or computer internet services, up to one year in advance.

4. Prepayment of hair care or other personal enrichment up to one year in advance.

5. Club or hobby memberships, magazines, subscriptions, health club membership.

6. Fresh flower delivery, especially for holidays and birthdays.

7. Alternative medical care such as acupuncture, hypnosis, relaxation therapy.

8. Professional services, including trustee’s, accountant’s, attorney’s fees, and guardianship and conservatorship fees.

9. Prepayment of funeral and burial arrangements in an irrevocable contract.

C. Miscellaneous

1. Trips and travel, for recreational or therapeutic purposes. This can include airline travel and also travel for a companion if necessary for the well-being of the beneficiary. However, any airline tickets must not be refundable to the
traveler.

2. Pet care including purchase of an animal, animal food and supplies, veterinarian bills.

3. Entertainment such as movies, outings, sporting events.

If you would like to arrange a consultation to discuss your legal needs, please take the time to email


Phone: 951-847-0154
Fax: 866-435-8529
Email: val@flvlaw.com